What you need to know about maternity leave

Maternity leave is protected time off work because you are pregnant, have given birth, or are taking care of a newborn. Your employer is required to hold your job for you while you away on maternity leave. Birth moms, including surrogate birth moms, are entitled to maternity leave. The Canada labour code protects your right to this time with your baby.

The code entitles you to up to 17 weeks of maternity leave. Your leave can start as early as eight weeks before your baby is due. Maternity leave can run as long as 17 weeks after your baby's born.

In addition to time away from your job, you may also qualify for benefits that pay you during your leave. These benefits are called maternity leave benefits.

Do I qualify for maternity leave benefits and how much money will I receive?

First of all to qualify for maternity leave benefits, you must be taking time off because you are pregnant or having a baby. After that, there are some other bureaucratic requirements.

Maternity leave benefits are paid out by the federal government through Employment Insurance (or QPIP if you live in Quebec). So, in order to qualify for maternity leave benefits you really have to qualify for Employment insurance (EI).

Here's what you need to qualify for EI:

You must have worked 600 insurable hours in the year before you claim maternity leave benefits. Some provinces require that you have worked those hours at the same company. Check with your province's Ministry of Labour for more information.

You also must have paid into Employment Insurance (EI) during those 600 hours. Usually this money is deducted automatically from your paycheque. It's sometimes called Employment Insurance premiums on your pay stub.

The amount you usually earn must be reduced by 40 per cent because of your pregnancy or because you are taking care of a new baby.

If you are self-employed you can choose to pay into EI so that you will one day qualify for maternity leave. You pay EI for at least one year before you apply for maternity leave benefits. The Service Canada website details the most up to date information on self-employment and qualifying for benefits.

The amount you will receive is equal to 55 per cent of your average weekly pay up to a maximum amount. That maximum amount is set each year by the government, so you will need to check with Service Canada to find out the exact figure. This can be a bit confusing at first. Here is an example:

Say the maximum amount of money is set at $45,900 by the government. Even if you earned more than this amount in the year before you claim maternity leave, the most you could receive for maternity leave benefits would be 55 per cent of $45,900 which is $485 per week. If you made less than $45,900 in the year before you apply for maternity leave benefits, you will only receive 55 per cent of what you made that year.

The money for the maternity leave benefit is taxable income which means that federal and provincial taxes will be deducted from your payment. You might be eligible to receive a higher benefit rate (the Family Supplement) if you receive the Canada Child Tax Benefit (CCTB).

With all EI benefits, there's a two-week waiting period before you will be paid anything. Service Canada explains this gap as being "like the deductible you pay for other types of insurance." This means that you will most likely wait two weeks after you start maternity leave before being paid by the government.

You can find more details about whether or not you qualify for the benefits, the amount of money you will be given for maternity leave benefits, and about the two week waiting period on the Service Canada website for Employment Insurance.

When and how do I apply for maternity leave benefits?

In most provinces, you can apply for maternity leave up to eight weeks before your baby is due. Some provinces allow you to start maternity leave as early as 11 weeks before your due date. Check with your province's ministry of labour if you are interested in going on mat leave early. If you decide to start maternity leave before your baby is born, you will need to call Service Canada and tell them your baby's birth date once he or she arrives.

You can also apply for maternity leave benefits right after your baby's born.

The most important thing to remember is that you must apply for maternity leave from Service Canada as soon as you stop working. If you wait more than four weeks after you stop working to apply you may no longer qualify!

You can apply for maternity leave in person at a Service Canada Centre or on the Service Canada website. To apply, you'll need to sign a statement giving your baby's due date or your baby's actual birth date.

You must also file a Record of Employment (ROE) from your employer with Service Canada. Your company gives you an ROE when you stop working. However, sometimes a company can be slow getting an ROE to you. If that's the case for you, Service Canada recommends that you apply for maternity leave before you receive your ROE.

Do you need to tell your employer about your maternity leave plan?

According to Human Resources and Development Canada, yes, you should tell you employer you are pregnant. You should plan to give your employer a letter four weeks before you start maternity leave saying that you plan to take the leave. The letter should include how long you plan to be on mat leave.

What other benefits might be available to me?

In addition to the federal maternity leave benefits, you may qualify for parental leave benefits along with your partner. If your baby is hospitalized during your maternity leave or parental leave, you may qualify for the sick leave benefit program.

Your employers may also offer additional money, usually called a "top-up". This is a figure you are given on top of the basic amount from the employment insurance program. Usually it is an amount that would take you to a certain percentage of your pay. For example, you may be offered a top-up that takes you to 75 per cent of your regular pay when you combine your maternity leave money from EI and the additional money from your company.

Be sure to read the fine print or ask lots of questions from your HR representative about your company's maternity leave policy. Some employers have additional requirements if you receive their benefits, like agreeing to return to work after your leave for a certain amount of time or having to pay back the money you received as a top-up if you don't return.

Whether or not you can pay to continue benefits like your pension and long term health and disability coverage while you are on leave?

What happens to your seniority while you are on leave?

For Quebec Residents-The Quebec Parental Insurance Plan

The Province of Quebec has taken responsibility for providing maternity, paternity, parental, and adoption benefits to residents of Quebec. The Quebec Parental Insurance Plan (QPIP) is administered by the Ministry of Employment and Social Solidarity of Quebec (MESSQ).

How is the QPIP different from EI?

The QPIP offers you a choice of benefit plans which allows you to choose between receiving a higher benefit for a shorter period of time or a lower amount for a longer period.

Salaried workers and self-employed workers are eligible for the QPIP, along with farmers with a salaried job.

The QPIP has specific paternity benefits, available exclusively for the father of the baby.

You can learn more about the QPIP and apply for QPIP benefits by accessing the QPIP online services.

Returning from maternity leave

Eventually maternity leave is over and you will return to work. The Canada Labour Code offers you the following protection:

You must be given your former position or a comparable position.

The position must be in the same location.

You must be offered the same amount of pay and the same benefits unless your company has gone through a re-organization while you were away. If that has happened you can be offered less pay. On the flip side if your office had raises and increases in benefits while you were away, you must be given those same increases.

Last reviewed January 2012

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